The Digital Counselor™http://thedigitalcounselor.com
Need-to-know information from a lawyer in love with technologyTue, 17 Feb 2015 00:21:22 +0000enhourly1http://wordpress.com/http://0.gravatar.com/blavatar/27818400b3230d7ad696cf0a17ca42cc?s=96&d=http%3A%2F%2Fs2.wp.com%2Fi%2Fbuttonw-com.pngThe Digital Counselor™http://thedigitalcounselor.com
Cartier Offers Amazing Opportunity to Women Entrepreneurs!http://thedigitalcounselor.com/2015/02/13/cartier-offers-amazing-opportunity-to-women-entrepreneurs/
http://thedigitalcounselor.com/2015/02/13/cartier-offers-amazing-opportunity-to-women-entrepreneurs/#commentsFri, 13 Feb 2015 13:30:00 +0000http://thedigitalcounselor.com/?p=766Read More ›]]>I had the pleasure of attending Cartier’s Women Entrepreneurs: The Changing Face of Innovation at the French Embassy. We had the pleasure of hearing past participants speak about their experience in The Cartier Women’s Initiative and their successful businesses. The connections, financing, and networking were invaluable for these budding entrepreneurs and if you have a for-profit business that is 1-3 years old I encourage you to learn more and apply.

The Cartier Women’s Initiative Awards are an international business plan competition created in 2006 by Cartier, the Women’s Forum, McKinsey & Company and INSEAD business school to identify, support and encourage projects by women entrepreneurs.

The mission of the Cartier Women’s Initiative Awards is threefold:

To identify and support initial-phase women entrepreneurs through funding
and coaching

To foster the spirit of enterprise by celebrating role models in entrepreneurship

To create an international network of women entrepreneurs and encourage
peer networking

The Cartier Women’s Initiative Awards aim to encourage the most vulnerable category of entrepreneurs in their most vulnerable phase: women entrepreneurs starting up. Since their inception in 2006, they have accompanied over 140 promising female business-owners and recognized 44 Laureates.

Cartier is currently accepting applications!!!

The annual competition involves two rounds:

Round 1 (in June): The Jury selects 18 Finalists*, the top three projects of each region (Latin America, North America, Europe, Sub-Saharan Africa, Middle East & North Africa, Asia-Pacific), on the basis of their short business plans. They receive coaching from experienced businesspeople to move to the next round.

Round 2 (in October): The Finalists are invited to France for the final round of competition which includes submitting a detailed business plan and presenting their projects in front of the Jury. They are also invited to the Annual Global Meeting of the Women’s Forum.

Based on the quality of the plan and the persuasiveness of the verbal presentation, one Laureate for each of the six regions is selected and receives a unique and comprehensive support package: US $ 20 000 of funding, one year of coaching, networking opportunities and media exposure.

Click here for information on how to apply: http://www.cartierwomensinitiative.com/how-to-apply

This 12 week course assists early stage entrepreneurs in successful completion of their business plan. Through weekly classes and 1-on-1 business counseling, entrepreneurs will access the small business resources needed to grow a successful enterprise.

Topics for this course include:

Identifying and Meeting Market Needs

Setting Financial Goals

Reaching the Market

Planning for a profitable Business

Courses begin February 17, 2015 and will meet every week through May 19, 2015. All sessions are 2:00pm – 5:00pm unless otherwise noted. This is a competitive application process so they request you submit a thoughtful and complete application.

]]>http://thedigitalcounselor.com/2015/01/21/great-opportunity-for-women-entrepreneurs-in-dc/feed/0camillestewartfastrac2fastracQuick Tip: Fast Track Your Community Trade Mark Applicationhttp://thedigitalcounselor.com/2014/12/08/quick-tip-fast-track-your-community-trade-mark-application/
http://thedigitalcounselor.com/2014/12/08/quick-tip-fast-track-your-community-trade-mark-application/#commentsMon, 08 Dec 2014 17:38:27 +0000http://thedigitalcounselor.com/?p=750]]>The Office for Harmonization in the Internal Market (OHIM), the European Union trade mark office, has announced the introduction of a new accelerated procedure for handling Community Trade Mark (CTM) applications. ‘Fast Track’ guarantees that the early stages of the Community Trade Mark (CTM) application process will be dealt with quickly by providing for the expedited examination and publication of applications (in just half the time of regular applications, according to OHIM).

Fast Track is free of charge. An application will be automatically allocated to the track provided it meets certain conditions listed on OHIM’s website. Fast Track came into operation on November 24, 2014. Overall, it is good news for trade mark applicants who could benefit from obtaining EU-wide trade mark protection more quickly. Fast Track is, however, unlikely to make a difference in the case of more complex, opposed applications.

The Community Trade Mark (CTM) system offers trademark owners a unified system of protection throughout the European Union (EU) with the filing of a single application. If successful, this one application results in a CTM registration that is recognized in all countries of the EU. The countries covered by a CTM registration are Austria, Benelux (Belgium, the Netherlands and Luxembourg), Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

U.S. trademark owners should conduct trademark searches both domestic and international markets that are of potential significance, even if the foreign search is merely a “knock-out” search for identical marks; and

U.S. trademark owners should develop and implement strategies for global trademark protection sooner, rather than later.

International searching and registration are costly and often forgotten when small businesses develop and intellectual property strategy. Being proactive and paying for this search early can prevent the cost to either defend an infringement suit or change branding in an entire geographic region. With some forethought it is possible to spread the costs of searching and registration over several months or years. Do not underestimate the growth potential of your brand.

Two recent cases illustrate the importance of this kind of forethought:

Crowdfunding has become a major financing tool for small businesses from tech start ups to small services companies. This source of funding, made available by The 2012 Jumpstart Our Business Startup Act (JOBS Act) which enables small businesses to raise funds from non-accredited investors. An accredited investor must meet a personal net worth or income test that excludes the majority of the population. There are still rules about how much each person can invest for equity crowdfunding but Title III truly opens up the ability for the average American to invest.

If you are considering a crowdfunding platform for your new venture, or if you are contemplating investing in a crowd-funded project, attention to intellectual property protection is critical. Often, companies considering crowdfunding are in the early stages of development and owners may not have the appropriate intellectual property (IP) protections in place yet. Here are a few things to consider about each of the major types of intellectual property:

Trademarks:
Securing federal and/or international trademark protection is an important early step to establishing a company and launching a brand. This, however, can be hard to do or forgotten prior to using the mark in commerce, the standard set by the USPTO. Therefore, posting a project with a proposed trademarkcould serves as an open invitation for trademark infringers in the U.S. and abroad to file for registration first. The same is true with respect to domain name registrations. Additionally, without the proper research you could inadvertently launch a brand with a trademark already in use. This is not only bad PR but could open you up to suit before you’ve even begun.Action Items: Do a thorough search on potential marks and make sure it does not conflict with state, federal or international trademarks. Consider filing an Intent to Use trademark application if you are not at the place to file a trademark application based on use. Consult an attorney to make an informed decision based on a thorough search and knowledge of requirements for proving use such that you can file a trademark based on use.

Copyrights:
Although filing is not required to benefit from copyright protection, it is a prerequisite for a U.S. copyright owner who wishes to file suit for infringement in the U.S. If you are going to post copyrighted works in connection with your project disclosure or business plan, and if those works integral to the success of the project or business make sure you protect them. Additionally, make sure if you use the copyrighted work of others in your proposal you have the proper permissions to avoid copyright infringement.

Action Items: Review your copyrighted work and consider filing for copyright registration if any of the work you will loose is integral to the business. If you plan to use images, music, or other content from third-party sources in your proposal, be sure to obtain appropriate licensing/permission prior to posting such works publicly.

Patents:
Disclosing the details of an invention before filing a patent application may bar patent protection due to required disclosures or missing the first to file window. Some crowdfunding sites require projects that involve the manufacture and distribution of “gadgets” to “show as much as they can about how they’re going to make their project, including things like a production plan, an estimated schedule, and any details you can provide for backers.”

Action Items: Preserve your rights, patent applications should be filed as early as possible as required by the America Invents Act, under “first to file”. By filing a patent application prior to disclosing a project, the inventor can preserve patent rights and potentially avoid problems with both the statutory bar and potentially conflicting applications. While U.S. patent law gives the inventor a year after disclosure in which to file, the same is not true in most of the rest of the world where a prefiling disclosure bars patent protection. Keep this in mind for projects that will rely on foreign marketing and revenue for their success.

General considerations:

Think about your IP on a local and global scale. Develop a state, federal and international IP development plan. As your brand grows, depending on industry and target market you want to make sure your protections are as robust as possible.

Consult an attorney early and often to help you develop your IP strategy and think through the hurdles associated with crowdfunding.

Investigate services like U.K.-based Creative Barcode. that are designed to provide a provide protection for early stage intellectual property. This is NOT an endorsement of these services but this is an option to consider.

Conclusion
Your intellectual property is one of your biggest assets and the last thing you want to do is damage your IP rights while trying to secure funding through crowdfunding. This is just a high level view of the general issues associated with crowdfunding. Depending on the project, the IP issues could be substantially more complex.

Additionally, potential investors should be worried about these intellectual property issues as well. Potential Investors must conduct a due diligence assessment of any venture they seek to invest in as the success or failure of the idea may hinge, at least in part, on the strength and protection of those IP rights.

]]>http://thedigitalcounselor.com/2014/10/15/before-you-start-crowdfunding-know-the-ip-concerns/feed/3camillestewarthttp://www.hongkiat.com/blog/crowdfunding-sites/Millions of Gmail Usernames & Passwords Leaked! How do you protect yourself?http://thedigitalcounselor.com/2014/09/10/millions-of-gmail-usernames/
http://thedigitalcounselor.com/2014/09/10/millions-of-gmail-usernames/#commentsWed, 10 Sep 2014 17:38:46 +0000http://thedigitalcounselor.com/?p=722Read More ›]]>This morning Freedom Hacker reported that 5 million gmail usernames and passwords had been dumped on reddit’s netsec section linking to the another website hosting the leaked gmail accounts. They caution against checking if your password is secure because it appears scams are already appearing or Reddit users are getting ready for the scams to come.

According to one security firm the data is old and likely sourced from multiple data breaches. “The security of our users is of paramount importance to us,” a Google representative said Wednesday via email. “We have no evidence that our systems have been compromised, but whenever we become aware that an account has been compromised, we take steps to help our users secure their accounts.”

It is highly recommended you change your email password regardless and turn on a form of two-factor authentication to heighten security and prevent any possible future attacks.

Here are some other tips to protect your accounts and private data:

Do no use the same password or variations of the same password for your accounts

The longer the password is, the exponentially more difficult it becomes to crack.

To help remember the password, use it immediately. Then log in and out several times the first day.

Do not provide your password or other private data when solicited via email or phone, this could be a social engineering attempt. Most reputable companies will not ask for this information via email and financial institutions NEVER do. If they claim there is an issue with your account do not click on the link provided go to the company’s main website and access your account from there.

Report attacks and social engineering attempts to the company being impersonated.

NEVER give your password to anyone!

Please go and change your gmail password and if you have not changed your other passwords in a while use this as an opportunity to do so!

Stay safe & smart!

]]>http://thedigitalcounselor.com/2014/09/10/millions-of-gmail-usernames/feed/0camillestewartInternet Law & Security Updateshttp://thedigitalcounselor.com/2014/09/09/internet-security-updates/
http://thedigitalcounselor.com/2014/09/09/internet-security-updates/#commentsTue, 09 Sep 2014 12:00:00 +0000http://thedigitalcounselor.com/?p=698Read More ›]]>So much is happening online that it can be hard to keep up. I have compiled some of the most recent events in Social Media, Internet law & Cybersecurity. Know how these changes affect your privacy and other rights. If you have any questions leave them in the comments!

Social Media

Comments on social media considered and Facebook “Likes” enjoy federal protection. On August 25, the National Labor Relations Board found in Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Sanzone, Case No. 34-CA-012915, and Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Spinella, Case No. 34-CA-012926, that an employer had violated federal labor law by terminating an employee who had “liked” a former co-worker’s negative comment about the employer posted on Facebook. The Board also ruled that the employer violated the National Labor Relations Act (the “Act”) by firing another employee for posting an expletive-laced comment about the employer in response to the former co-worker’s comment, and it found that the employer’s “Internet/Blogging” policy banning “inappropriate discussions” regarding the company unlawfully chilled employees’ exercise of their right to engage in protected, concerted activity under the Act.

Security According to the New York Times, when one adds the compromised records in Target, PF Chang’s, Neiman Marcus, Sally Beauty, Michaels, UPS and others, the number of affected customers amounts to more than one-third of the U.S. population.

Home Depot the latest victim of security breach. Krebs has reported that it appears that two large dumps of purloined credit card numbers have made an appearance on the black market and that those numbers may have originated at Home Depot locations. Krebs’ reporting is here. This latest incident raises yet another round of concerns about the malware known as “Backoff” and the potential widespread effect on retailers. Home Depot has been hit with a class action lawsuit stemming from a suspected data breach at the home improvement retailer

Using your cellphone’s gps to stay ahead of fraudsters. In a new effort to use technology to foil credit-card fraud, a company called BillGuard is testing a system that would monitor the precise whereabouts of mobile devices to detect possible payment issues. The tech firm is tracking mobile-phone locations in an attempt to stay one step ahead of fraudsters. Because smartphones are almost always near their owners, the technology would register and flag those occasions when a phone is not near the owner’s credit card. The technology would only be used with the consumer’s consent.

Healthcare.gov Server Hacked.The Department of Health and Human Services disclosed on Sept. 4 that malware had been uploaded on the Obamacare test server back in July. HHS officials say the malware was designed to launch a distributed-denial-of-service attack against other websites when activated and not designed to exfiltrate personally identifiable information. No consumer data was exposed in the incident, officials say (see HealthCare.Gov Server Hacked).

Apple plans to add safeguards to help address security vulnerabilities exploited by celebrity-photo hackers. The proposed changes include alerting users – using both e-mails and push notifications to devices – every time someone:

Changes an account password;

Uses a new device to log into an account;

Restores an iCloud backup to a new device.

After receiving a related alert, the user can immediately change their account password, or file a report of a suspected security breach with Apple. The company has yet to detail how exactly it will respond to those reports.

Privacy

Magazines in Michigan cannot share your personal information. The Michigan’s Video Rental Privacy Act limits the ability of companies to disclose information regarding customers’ video rental activities. In a case filed by a consumer who alleged that a magazine company had improperly disclosed her personal information, along with information about the magazines to which she subscribed, the U.S. District Court for the Eastern District of Michigan recently held that the law does in fact apply to magazines. The court noted that the statute is directed to companies “engaged in the business of selling at retail, renting, or lending books or other written materials, sound recordings, or video recordings,” and that magazines constitute “other written materials.”

]]>http://thedigitalcounselor.com/2014/09/09/internet-security-updates/feed/0camillestewartMy Appearance on Chat with a Lawyerhttp://thedigitalcounselor.com/2014/08/04/my-appearance-on-chat-with-a-lawyer/
http://thedigitalcounselor.com/2014/08/04/my-appearance-on-chat-with-a-lawyer/#commentsMon, 04 Aug 2014 12:00:47 +0000http://thedigitalcounselor.com/?p=687Read More ›]]>I recently appeared on a local television show “Chat with a Lawyer.” I sat with the host Wala Blegay to discuss Intellectual Property law and protecting your business. Please watch and enjoy!

If you are in the DC metro area the episode will continue to air on Channel 25 Verizon and Channel 71 Comcast twice a day starting this week!

Go ahead and celebrate but remember this is not the end of your obligation. In addition to policing or searching for unauthorized use of the brand, you must maintain your trademark rights with the United States Patent & Trademark Office (USPTO).

Trademarks require regular maintenance to continue to enjoy the use and protection of the mark. As the owner, you must complete and submit certain filings and fees with the USPTO at specified intervals. Failing to submit these filings and fees will result in cancellation of the trademark by the USPTO. Additionally, there is an extra filing option that can further strengthen your protection. Knowledge of these intervals and timely adherence to the deadlines are a major part of maintaining a strong mark.

Required Maintenance Filings

All trademark maintenance filing deadlines are measured from the date that the mark was officially registered with the USPTO. There are two required filings, the Affidavit of Use and the Renewal Application.

Affidavit of Use – The USPTO requires the owners of registered trademarks to file an Affidavit of Use between five and six years after registration to prove continuous use of the mark in commerce. After this initial filing, a trademark owner must submit an additional Affidavit of Use before the end of every ten year period.

Renewal Application - Additionally, at the end of every ten year period, a trademark owner must file a Renewal Application.

**Warning: If the Affidavit of Use and Renewal Applications are not filed in a timely manner, the registration will be cancelled. Registrations that are cancelled because of a failure to file an Affidavit of Use and/or a Renewal Application cannot be revived or reinstated.

Timing: As you can see, the initial maintenance filings must be completed between the fifth and sixth years of registration and subsequent filings are completed once every ten years.

** Warning: All maintenance filings have a six month grace period where the filings may still be completed, but at a higher price.

Cost: Renewal Applications are $400 per class. The additional fee for filing during the grace period is $100. Filing Affidavits are priced between $100 – $200. The additional fee for filing during the grace period is $100.These prices are subject to change so consult the USPTO.gov website for current pricing.

You must supply your registration number, then answer questions as to who is filing the declaration

You must provide information as to the entity that owns the mark

You must upload a specimen showing the mark as used in commerce

You must execute the declaration as to whether the marks have been in continuous use on the same goods or services as originally declared when the applications was file. If not, you must supply the appropriate information.

You must provide electronic signature

You must pay for filing

Recommended Additional Filing

Declaration of Incontestability – This filing while not mandatory is extremely beneficial in defending and protecting your trademark rights. A Declaration of Incontestability will make your mark’s registration conclusive evidence that the mark is valid, that you own the mark and that you as the owner have the exclusive right to use the registered mark with the goods or services on the registration in commerce.

Timing: A Declaration of Incontestability should be filed with the initial maintenance filings between the fifth and sixth years or as soon as you have five years of continuous use.

Cost: $300 per class. The additional fee for filing during the grace period is $100.

You must supply your registration number, then answer questions as to who is filing the declaration

You must provide information as to the entity that owns the mark

You must execute the declaration affirming incontestability (see above).

You must provide electronic signature

You must pay for filing.

Protect your investment and make sure you keep up with your maintenance fees! Consult an attorney for help with the filings.

]]>http://thedigitalcounselor.com/2014/07/29/i-have-a-trademark-now-what/feed/0camillestewartThey’re Lying! How to Combat Online Defamationhttp://thedigitalcounselor.com/2014/07/24/how-to-combat-online-defamationg-how-combat-online-defamation/
http://thedigitalcounselor.com/2014/07/24/how-to-combat-online-defamationg-how-combat-online-defamation/#commentsThu, 24 Jul 2014 12:00:38 +0000http://thedigitalcounselor.com/?p=664Read More ›]]>Has anyone ever posted false information about you or your company online? I don’t mean things you would prefer not to be out there but​ completely false and potentially damaging information. If you have you know how overwhelming it can seem to get this information down because it can so quickly “go viral” and often is unattributable. Luckily, there are steps you can take to get this information down.

First Line of Defense: Terms of Service
Most online service providers (OSPs)​ have Terms of Service (ToS) or Terms of Use (ToU) that govern the use of their website. Usually those terms prohibit the posting of defamatory material and include the OSP’s right to remove such content. Even websites that offer consumers places to “vent” and post complaints about companies and individuals, such as RipOffReport.com and Complaints.com, usually require that users post only information that is truthful and accurate. Unfortunately, there is not validation process to confirm accuracy prior to posting.

If you identify false and potentially defamatory information about you or your company online, your first step is to check the site’s terms of service. If this is a violation of their terms of service, contact the OSP where the content is posted and notify them of the violation of their terms of service. Many of the sites we frequent and use to promote our businesses have forms or contact emails designated for this purpose. At the end of this post you will find resources for reporting defamation on a few of the most popular social media sites.

The Content is on its own Website
If you identify potentially defamatory content on a website created but the poster they are not likely to have terms of service that you can use to make a case for removal. However, contact information is required when someone registers a website so you can often obtain the relevant contact information through a WhoIs search on a registrar website, such as whois.domaintools.com. Armed with this information you can work with an attorney to draft a cease and desist letter that will hopefully result in the removal of the content. Site owners do have the option for private registration so if they have elected this service this option is not feasible. Additionally, you should reserve this course of action for sites stood up by the poster because hosts, ISPs, and other OSPs are protected from litigation under the Communications Decency Act.

Dealing with Mr. Anonymous
If you are unable to identify the poster or are unable to get assistance from the OSP you still have legal recourse to get the content removed. Legal proceedings can be commenced against anonymous “John Doe” Internet users. Once an action is filed, a subpoena can be served on the host website to obtain the Internet Protocol (“IP”) address of the perpetrator, as well as other personally identifiable information (“PII”). You can also subpoena the ISP that assigned the IP address to discover the perpetrator’s identity.

Beware of SLAPPSLAPP stands for Strategic Lawsuit Against Public Participation, which essentially is a lawsuit filed against a defendant in retaliation for speaking out on a public issue or controversy in, for example, a blog or social media. The goal is to burden them with legal fees until they abandon their criticism. Over half of the states in the United States and District of Columbia have enacted “anti-SLAPP” legislation to protect an individual’s right to free speech and prevent such lawsuits. “Public issues” include those involving celebrities, public officials and the financial solvency of large companies.

The defendant can use SLAPP to get the suit dismissed. If a defendant is able to demonstrate that the SLAPP action was brought merely for harassment purposes, he or she may file a “SLAPPback” lawsuit against the plaintiff.

If the potentially defamatory statement is not of public interest about a public issue, there really is no SLAPP concern. Of course, if the subject statement truly is defamatory and all of the elements of a defamation claim are present, there really is no SLAPP concern either way. Make sure the content you seek removal for is truly defamatory if you elect to pursue a lawsuit or other legal action.

Have you ever been the victim of defamatory content online? How did you handle it? Do you have any tips to add?

​**”Defamation” is a catch-all term for any statement that hurts someone’s reputation. Written defamation is called “libel,” and spoken defamation is called “slander.” Defamation is a legal conclusion that can only be made by a judge. ​